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Dez 13, 2018
Christine Genge and Lionel Fishman, Smart & Biggar, Canada
First published at www.smart-biggar.ca

Canada’s new Industrial Design Regime has launched


Christine Genge and Lionel Fishman, Smart & Biggar, Canada, First published at www.smart-biggar.caNovember 5, 2018, marks an important step in the evolution of the industrial design regime in Canada. Numerous and substantial amendments to the Industrial Design Act and Rules are now in force. These amendments modernize Canada’s industrial design law and bring it into better harmony with other jurisdictions.
Some of the most important highlights that apply to applications filed on or after November 5, 2018, are for example, that the divisional applications provide more flexibility than before. An applicant may now file a divisional application for any design that was originally disclosed – not merely claimed – in the parent application as filed. For example, the Canadian Design Office has indicated that the applicant is able to file a divisional application with portions of the design in solid lines that were shown in dotted lines in the parent application as originally filed, and vice versa. Divisional applications also remain available for cases where the Canadian Design Office issues an Examiner’s Report objecting to an  read more